I was served with an unlawful detainer by a company that isn't on my lease nor have I ever had any contact with this company. They allegedly work with the company who are supposedly the owners of this home but their not on the lease anywhere! I filed an unlawful detainer stating that they don't have the authority to take me to court to remove me from the house when I didn't enter a binding agreement woth the company stated on the unlawful detainer. Is this the correct way to argue a demurrer? Thank you.
The landlord cannot be the one to serve you with the unlawful detainer papers because he or she is a party to the lawsuit. Therefore, the landlord would have to hire someone else (ie. the company that you mentioned above) to serve the unlawful detainer papers for him or her.
If the unlawful detainer complaint and summons state that this company is a party to the action (the plaintiff), then it was improperly served. I recommend consulting with an attorney to look over the complaint and summons.
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